Williams et al v. Big Picture Loans LLC et al
| Renee Galloway, Dowin Coffy, Felix Gillison, Jr., Kevin Minor, Dianne Turner, George Hengle, Rose Marie Buchert, Gloria Turnage, Regina Nolte, Teresa Titus, Lula Williams and Earl Browne |
| Susan McGeshick, Gertrude McGeshick, Ascension Technologies Incorporated, Big Picture Loans LLC, Matt Martorello, Daniel Gravel, Giiwegiizhigookway Martin and James Williams, Jr. |
| Rosette LLP |
| 3:2019mc00002 |
| January 14, 2019 |
| US District Court for the Eastern District of Virginia |
| Richmond Office |
| Robert E Payne |
| Other Statutory Actions |
| Civil Miscellaneous Case |
Docket Report
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Filing 54
ORDER. Having considered the plaintiffs' MOTION TO SEAL #42 and the accompanying memorandum and finding that there is no demonstrated basis for sealing the documents sought to be sealed, it is hereby ORDERED that the MOTION TO SEAL #43 is denied, and the exhibits will be unsealed. Further, PLAINTIFF'S MOTION TO COMPEL #52 is denied in this miscellaneous case and will be considered only in the main case that this miscellaneous case is connected to, Williams v. Big Picture Loans, LLC, No. 3:17-cv-461. It is SO ORDERED. Signed by District Judge Robert E. Payne on 6/25/19. (jsau, )
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| Filing 53 Memorandum in Support re #52 MOTION to Compel Documents Withheld by Rosette, LLP filed by Teresa Titus, Gloria Turnage, Dianne Turner, Lula Williams. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9)(Bennett, Leonard) |
| Filing 52 MOTION to Compel Documents Withheld by Rosette, LLP by Lula Williams. (Attachments: #1 Proposed Order)(Bennett, Leonard) |
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Filing 51
MEMORANDUM ORDER that if Rosette, LLP fails to produce a privilege log by June 17, 2019, then the failure to produce such privilege log will be deemed as a waiver of any claim of privilege due to unjustified delay. The plaintiffs contend that Rosette already waived its ability to submit a privilege log based on its failure to produce a privilege log already. The plaintiffs shall brief that issue pursuant to a motion to compel if they wish to pursue it. The opening brief shall be filed by June 17, 2019; Rosette, LLP shall respond by July 1, 2019; and the reply brief shall be filed by July 10, 2019. The unredacted documents covered herein shall be produced to the plaintiffs by June 17, 2019. See Order for details. Signed by District Judge Robert E. Payne on 5/28/2019. (jsmi, )
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| Filing 50 Response to #49 NOTICE filed by Earl Browne, Rose Marie Buchert, Dowin Coffy, Renee Galloway, Felix Gillison, Jr, George Hengle, Kevin Minor, Regina Nolte, Teresa Titus, Gloria Turnage, Dianne Turner, Lula Williams. (Kelly, Kristi) |
| Filing 49 NOTICE by Rosette LLP re #41 Memorandum in Opposition Citation of Supplemental Authority (Reilly, Craig) |
| Filing 48 REPLY to Response to Motion re #43 MOTION to Seal filed by Dowin Coffy, George Hengle, Gloria Turnage, Lula Williams. (Kelly, Kristi) |
| Filing 47 RESPONSE in Support re #43 MOTION to Seal filed by Rosette LLP. (Attachments: #1 Proposed Order)(Reilly, Craig) |
| Filing 46 Memorandum in Support re #43 MOTION to Seal filed by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Kelly, Kristi) |
| Filing 45 [UNSEALED PURSUANT TO THE COURT'S #54 ORDER] Sealed Attachment/Exhibit(s) re #43 MOTION to Seal. (Attachments: #1 Exhibit 2 - Sealed Excerpt from Martorello Depo, #2 Exhibit 3 - Sealed Excerpt from Merritt Deposition, #3 Exhibit 4 Redacted - Sealed E-mail with Business Plan, #4 Exhibit 5 Redacted - Sealed E-mail)(Kelly, Kristi). Modified docket text on 3/29/2019 (sbea, ). Modified docket entry on 6/26/2019 (jsau, ). |
| Filing 44 Notice of Filing Sealing Motion LCvR5(C) by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams re #43 MOTION to Seal (Kelly, Kristi) |
| Filing 43 MOTION to Seal by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Attachments: #1 Proposed Order)(Kelly, Kristi) |
| Filing 42 RESPONSE in Support (Redacted) re: #33 MOTION to Compel Response to Subpoena Issued to Rosette, LLP filed by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Attachments: #1 1 - Jan. 15, 2019 Hr'g Trans., #2 2 - Placeholder, #3 3 - Placeholder, #4 4 - Placeholder, #5 5 - Placeholder, #6 Exhibit 6 - July 28, 2018 Initial Pretrial Conf. Trans.)(Kelly, Kristi). Modified docket text on 3/29/2019 (sbea, ). |
| Filing 41 Memorandum in Opposition re #33 MOTION to Compel Response to Subpoena Issued to Rosette, LLP filed by Rosette LLP. (Reilly, Craig) |
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Filing 40
ORDER that the MOTION TO SEAL {ECF No. #35 ) is granted and the PLAINTIFFS' MEMORANDUM IN SUPPORT OF THEIR MOTION TO COMPEL RESPONSE TO SUBPOENA ISSUED TO ROSETTE, LLP and Exhibits 2, 3, 4, 5, 6, and 7 thereto {ECF No. #37 ) are filed under seal; provided that appropriately redacted versions thereof are filed in the public record. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 3/18/2019. (sbea, )
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| Filing 39 RESPONSE in Support re #35 MOTION to Seal filed by Rosette LLP. (Attachments: #1 Proposed Order)(Reilly, Craig) |
| Notice of Correction re: #39 Response in Support of Motion; Clerk notified filing attorney that the action number referenced was incorrect. Clerk requested that the attorney email the corrected documents to the Case Manager and upon receipt the document will be switched out and the NEF regenerated. (sbea, ) |
| Filing 38 Memorandum in Support re #35 MOTION to Seal filed by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Kelly, Kristi) |
| Filing 37 Sealed Document re #35 MOTION to Seal . (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7)(Kelly, Kristi) |
| Filing 36 Notice of Filing Sealing Motion LCvR5(C) by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams re #35 MOTION to Seal (Kelly, Kristi) |
| Filing 35 MOTION to Seal by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Attachments: #1 Proposed Order)(Kelly, Kristi) |
| Filing 34 Memorandum in Support (Redacted) re: #33 MOTION to Compel Response to Subpoena Issued to Rosette, LLP filed by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Kelly, Kristi). Modified docket text on 3/8/2019 (sbea, ). |
| Filing 33 MOTION to Compel Response to Subpoena Issued to Rosette, LLP by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Kelly, Kristi) |
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Filing 32
ORDER that this Court hereby grants Plaintiffs' #30 Consent Motion to Modify Briefing Schedule. It is hereby ordered that Plaintiffs shall file any necessary motion to compel regarding Rosette's production on or before March 7, 2019; Rosette shall file any response to the Plaintiffs' motion to compel on or before March 21, 2019, and the Plaintiffs' shall file any reply to their motion to compel on or before March 28, 2019. Signed by District Judge Robert E. Payne on 3/6/2019. (jsmi, )
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| Filing 31 Memorandum in Support re #30 Consent MOTION to Modify Briefing Schedule filed by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Kelly, Kristi) |
| Filing 30 Consent MOTION to Modify Briefing Schedule by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Attachments: #1 Proposed Order)(Kelly, Kristi) |
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Filing 29
ORDER that this Court hereby grants Plaintiffs' Consent Motion to Modify Briefing Schedule. It is hereby ordered that Plaintiffs shall file any necessary motion to compel regarding Rosette's production on or before March 5, 2019; Rosette shall file any response to the Plaintiffs' motion to compel on or before March 19, 2019, and the Plaintiffs' shall file any reply to their motion to compel on or before March 26, 2019. Signed by District Judge Robert E. Payne on 2/25/2019. (jsmi, )
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| Filing 28 Memorandum in Support re #27 Consent MOTION to Modify Briefing Schedule filed by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Kelly, Kristi) |
| Filing 27 Consent MOTION to Modify Briefing Schedule by Dowin Coffy, Felix Gillison, Jr, George Hengle, Gloria Turnage, Lula Williams. (Attachments: #1 Proposed Order)(Kelly, Kristi) |
| Filing 26 TRANSCRIPT of proceedings held on January 24, 2019, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/27/2019. Redacted Transcript Deadline set for 4/1/2019. Release of Transcript Restriction set for 4/29/2019.(peterson, peppy) (Main Document 26 replaced on 1/29/2019) (jtho, ). |
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Filing 25
ORDER that the parties in William V. Big Picture Loans, LLC, No. 3:17-cv-461, shall comply with the following schedule in relation to the plaintiffs' subpoena upon Rosette: the plaintiffs shall modify their subpoena to Rosette by January 29, 2019; after the subpoena is modified and before February 19, 2019, counsel shall meet and confer to resolve any disputes about the subpoena; if Rosette continues to object to any part of the modified subpoena, the plaintiffs shall file any motion to compel production by February 19, 2019; Rosette shall file any response to the plaintiffs' motion to compel by March 5, 2019; the plaintiffs shall file any reply to the plaintiffs' motion to compel by March 12, 2019. Signed by District Judge Robert E. Payne on 1/25/2019. (jsmi, )
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| Filing 24 Minute Entry for proceedings held before District Judge Robert E. Payne: Motion to Quash Subpoena to Produce Documents, Information, or Objections and Motion for Protective Order Hearing held on 1/24/2019. Modifications to subpoena due 01/29/2019, objection due 02/12/2019; any motion to compel thereafter should be filed by 02/19/2019, response by 03/05/2019, reply by 03/12/2019; Court set oral argument in 3:17-cv-461 regarding plaintiff's motion for entry of order (#303) at 10:00 a.m. on 02/04/2019; parties to confer and present any agreed order at that time. (Court Reporter Peppy Peterson, OCR.) (nbrow) |
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Filing 21
ORDER GRANTED #18 Motion for Pro hac vice Timothy Andrew Nelson for Nonparty Rosette, LLP. Signed by District Judge Robert E. Payne on 01/22/2019. (ccol, )
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Filing 20
ORDER GRANTED #19 Motion for Pro hac vice Terry Goddard for Nonparty Rosette, LLC. Signed by District Judge Robert E. Payne on 01/22/2019. (ccol, )
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| Set Hearing: Motion to Quash Hearing set for 1/24/2019 at 01:30 PM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) |
| Filing 19 Motion to appear Pro Hac Vice by Terry Goddard and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number 0422-6452095. by Rosette LLP. (Reilly, Craig) |
| Filing 18 Motion to appear Pro Hac Vice by Timothy A. Nelson and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number 0422-6452094. by Rosette LLP. (Reilly, Craig) |
| Filing 17 NOTICE of Appearance by Craig Crandall Reilly on behalf of Rosette LLP (Reilly, Craig) |
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Filing 16
ORDER that on January 24 at 1:30 p.m., a hearing shall take place on the MOTION TO QUASH PLAINTIFFS' SUBPOENAS TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS AND MOTION FOR PROTECTIVE ORDER AND MEMORANDUM IN SUPPORT (ECF No. #2 ); the OPPOSITION TO MOTION TO QUASH SUBPOENA UNDERLYING ACTIONS: WILLIAMS V. BIG PICTURE LOANS, LLC., 3:17CV461 (E.D.VA.); AND GALLOWAY V. BIG PICTURE LOANS, LLC., 3:18CV406 (E.D.VA.) AND REQUEST FOR AWARD OF ATTORNEYS FEES & COSTS AS SANCTIONS (ECF No. #8 ); and REPLY IN SUPPORT OF ROSETTE'S MOTION TO QUASH (ECF No. #10 ) in Courtroom 7400 of the Spottswood W. Robinson III and Robert R. Merhige, Jr. Federal Courthouse, 701 East Broad Street, Richmond, VA 23219. Given the text of the defendants' motions, the Order bears the style of both cases, and briefing will as to both cases. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/16/2019. (sbea, )
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| Filing 15 Letter by Clerk re: Local Rule 83.1. (Attachment: #1 Local Rule 83.1). Letter was electronically sent to attorneys representing Rosette, LLP. (sbea, ) |
| Filing 14 Case transferred in from District of Arizona; Case Number 2:18-mc-00066. Original file and docket sheet received. |
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Filing 13
ORDER - IT IS THEREFORE ORDERED granting Petitioner's Motion for Order Nunc Pro Tunc to Correct Filing Date (Doc. #7 ). Petitioner's Motion to Quash (Doc. #2 ) is deemed filed with this Court at 1:23 p.m. on December 12, 2018. IT IS FURTHER ORDERED granting in part Respondents' "Opposition to Motion to Quash Subpoena Underlying Actions [sic]: Williams v. Big Picture Loans, LLC, 3:17cv461 (E.D. Va.); and Galloway v. Big Picture Loans, LLC, 3:18cv406 (E.D. Va.) and Request for Award of Attorneys Fees & Costs as Sanctions" (Doc. #8 ). Respondents' request to transfer this matter to the Eastern District of Virginia is granted, and Respondents' request for an award of sanctions is denied. IT IS FURTHER ORDERED that the Clerk of Court shall take all necessary steps to ensure the prompt transfer of this action to the United States District Court for the Eastern District of Virginia. (See document for complete details). Signed by Judge John J Tuchi on 1/11/19. (SLQ) [Transferred from Arizona on 1/14/2019.]
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| Filing 12 NOTICE re: Notice of Supplemental Authority by Rosette LLP . (Attachments: #1 Exhibit Exhibit to Notice)(Nelson, Timothy) [Transferred from Arizona on 1/14/2019.] |
| Filing 11 NOTICE re: Supplemental Authority by Lula Williams re: #8 MOTION for Sanctions . (Attachments: #1 Exhibit Order in Williams v. Big Picture Loans)(Rotkis, Susan) [Transferred from Arizona on 1/14/2019.] |
| Filing 10 *REPLY to Response to Motion re: #2 Miscellaneous Case Opening by Movant Rosette LLP. (Attachments: #1 Exhibit Exhibit 5 Declaration, #2 Text of Proposed Order Proposed Order in pdf for record)(Nelson, Timothy) *Modified to correct event and text on 12/26/2018 (REK). [Transferred from Arizona on 1/14/2019.] |
| Filing 9 Corporate Disclosure Statement by Rosette LLP. (Nelson, Timothy) [Transferred from Arizona on 1/14/2019.] |
| Filing 8 *MOTION for Attorney Fees and Costs as Sanctions, RESPONSE in Opposition re: #7 MOTION Correct Filing Date as to #2 Motions to Quash Subpoenas Duces Tecum filed by Teresa Titus, Gloria Turnage, Dianne Turner, Lula Williams, George Hengle, Dowin Coffy, Felix Gillison, Jr., Renee Galloway, Earl Browne, Rose Marie Buchert, Regina Nolte, Kevin Minor. (Attachments: #1 Exhibit Declaration of Leonard A. Bennett, #2 Text of Proposed Order Denying Motion to Quash)(Rotkis, Susan) *Modified to add additional document link and additional filers on 12/17/2018 (REK). *Modified to add motion part on 12/26/2018 (REK). [Transferred from Arizona on 1/14/2019.] |
| Filing 7 MOTION Correct Filing Date by Rosette LLP. (Attachments: #1 Exhibit Exhibit 1 Filing Fee Paid, #2 Exhibit Exhibit 2 Email to Client, #3 Exhibit Exhibit 3 Affidavit)(Nelson, Timothy) [Transferred from Arizona on 1/14/2019.] |
| Filing 6 Additional Attachments to Main Document re: 5 Notice of Deficiency (Text Only) Arizona Civil Cover Sheet by Movant Rosette LLP. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Nelson, Timothy) [Transferred from Arizona on 1/14/2019.] |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #2 Miscellaneous Case Opening filed by Rosette LLP. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile with correct PDF document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SIB) [Transferred from Arizona on 1/14/2019.] |
| Filing 4 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Rosette LLP. (SIB) [Transferred from Arizona on 1/14/2019.] |
| Filing 3 Filing fee paid, receipt number 0970-16304137. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: MC 18-66-PHX-JJT. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SIB) [Transferred from Arizona on 1/14/2019.] |
| Filing 2 *Miscellaneous Case Opening Regarding: Motions to Quash Subpoena Duces Tecum - FRCVP 45. Case Opening Fee Received: $ 47.00 receipt number 0970-16304137 filed by Rosette LLP. (Nelson, Timothy) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(SIB) *Added MOTION for Protective Order on 12/26/2018 (REK). [Transferred from Arizona on 1/14/2019.] |
| Filing 1 *NOTICE of Appearance by Susan Mary Rotkis on behalf of Lula Williams, Gloria Turnage, George Hengle, Dowin Coffy, Felix Gillison, Jr., Reneee Galloway, Dianne Turner, Earl Browne, Rose Marie Buchert, Regina Nolte, Kevin Minor, Teresa Titus. (Rotkis, Susan) *Modified to add additional filers on 12/14/2018 (REK). [Transferred from Arizona on 1/14/2019.] |
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